No. 21-842

Mark Donelson v. Ameriprise Financial Services, Inc., et al.

Lower Court: Eighth Circuit
Docketed: 2021-12-08
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: civil-litigation civil-procedure class-action federal-rules federal-rules-civil-procedure judicial-discretion motion-to-strike pleading-standards pleadings separation-of-powers standards
Latest Conference: 2022-04-29 (distributed 2 times)
Question Presented (from Petition)

1. May allegations made in support of the claim that a case should proceed as a class action be struck from a pleading pursuant to Federal Rule of Civil Procedure 12(f), which permits striking any "redundant, immaterial, impertinent, or scandalous matter"?

2. If so, what standards govern whether to strike such allegations?

Question Presented (AI Summary)

Whether class allegations can be struck under FRCP 12(f)

Docket Entries

2022-05-02
Petition DENIED.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-04-11
Reply of petitioner Mark Donelson filed. (Distributed)
2022-03-24
Brief of respondents Ameriprise Financial Services, Inc., et al.
2022-02-24
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2022, for all respondents.
2022-02-22
Motion of respondent Mark Sachse to extend the time to file a response from February 23, 2022 to March 25, 2022, submitted to The Clerk.
2022-02-11
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2022.
2022-02-10
Motion to extend the time to file a response from February 23, 2022 to March 25, 2022, submitted to The Clerk.
2022-01-24
Response Requested. (Due February 23, 2022)
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2021-12-06
Petition for a writ of certiorari filed. (Response due January 7, 2022)

Attorneys

Ameriprise Financial Services, Inc., et al.
Carl Stanley BurkhalterMaynard & Cooper, Respondent
Ameriprise Financial Services, Inc., Mark J. Sachse, James Cracchiolo, Kelli Hunter Petruzillo, Neal Maglaque and Patrick Hugh O’Connell
John Cowles Neiman Jr.Maynard, Cooper & Gale, P.C., Respondent
Mark Donelson
Scott E. GantBoies Schiller Flexner LLP, Petitioner
Mark Sachse
Meghan A. HookWood Smith Henning Berman, Respondent